The Sun. — London, England, 1809-08-04 00:00:00

HOME CIRCUIT. 'KENT ASSIZES. MAIDS:T/11p, AUGUST 2.--The LORD CHIEF BARON tinishei on the Crown Side early this rribrn :ng. The number of prisoners was utiprecedentedly feNtv for this county, and there was no particular rase of interest. CIVIL SIDE. CHALK V. WYATT. . . This was an atition of trespass against the Defend ant, who justified, as Lord of the Matior of sier,. in the Isle of Sheppey, and claimed the place in question as the waste O 1 the Manor, being part of the sea beach. Mr. Serjeant Bgs-r; for the Plaintiff, stated, that the Defendant was in the habit of carrying away the sea beach, in such a degree, as to let in the sea upon the adjoining land of the Plaintiff. He said there was a natural mound of shingle above high. water mark; which was a protection against the encroach ments of the and this the Defendant was con tinually carrying away ; and if he could justify the doing of it, the whole land of the Plaintiff would' . ultimately be washed into the sea. He admitted' the Defendant was Lord of the Manor, and as such- Lord, he was ready to allow him the full royalty of the sea-shore ; but-in - law that was only to wherean ordinary high water-mark was ; whereas he should prove that the Defendant had, continually taken bore that mark. Two Witnesses were called, who proved the tak en of the gravel, and that the sea had made en croachment so much of late years, that what was formerly pasture, - was now covered by .the sea and shingle; but it was by the operation of the sea, and not in consequence of removing the gravel. Mr. Serjeant SHEPHERD, for the Defendant, said, that he should shew, from time as long back as living witnesses could carry it, that the Lords of the Manor bad always taken the stones off the beach wherever they found them, without any distinaion as to the high watermark; that all other persons who had taken them paid the Lord's Bailiff an acknowledgment, whether they were taken for ballast or for repairing the highways. The question, be observed, was an extremely important one to the Defendant, who was the patentee of Parker's building cement, the stones for the making , of which were gathered from this spot; and it was not. until these stones became an objeet .of value, that the present Plaintiff ever • thought of disturbing the right of the Lord, or set ting up any claim of his own. This beach also produced copperas and sulphur stones, and they were, for a long series of years, supposed the only stones of value on the beach; and as to them, he should produce a series of old leases, froM the time of Charles the Second, by which the Lords leased to several persons those stones, found on all parts of the beach. ' When he had pro%ed this undistulhed posSession on the' part of the Lord, he thought it would entitle him to the verdia of the Jury. Stephen Roos, who bad been Bailiff of the Ma nor for 57 years, proyed that the Lords had taken shingle and stones from all parts of the beach, dur ing the whole of his time.- Several other Witnesses were examined to the • same faets.- Lord ELLENBOROUGH. observed, that it was prov ed the beach had gone over and encroached on the pasture of the Plaintiff. Now if the Lord bad a right to the stones, it would not give him a .right to the soil and freehold, which was the issue or the record, by which the Lord claimed the place as part of his freehold and estate. The Defendant's right on the shore .was that which lay between high and low water-mark, and was alternately wet and dry. Verdidt for the Plaintiff—Damages is. THE KING; V. MARTINS. This was an indi&ment against the Defendant,' who was Overseer of the parish . of Wrotham, in this county, for falsely charging the parish with sums of money in his accounts, with intent to cheat and de fraud them. _ . Mr: GARHOW stated the faets of the case, which were, that the Defendant bad, for three successive years, been overseer of. the parish of Wrotharn, and, in the month of May, 1807, having rendered his accounts, he state the balance in his hands to be but 261. odd. Upon reference to the accounts, it appeared, that he had received several sums of money, -which were not inserted in his accounts,' particularly a sum of 201. which he had received of one Morgan, a gentleman's servant, as a composi tion for a bastard child. When questioned about this sum, he denied that Morgan had paid it, and after wards put it off as a joke. . Morgan was called, who proved that the Defendant came to liim in London, and told him he had.a warrant against him: - Morgan, to prevent his apprehension, paid him the sum of . 201. as a composition for the child: Mr. Serjeanf BEST took several objediont to the indidment, which were over-ruled, and the De fendant was found Guilty ; but as he had refunded all the money, the Parish, by their counsel, stated, they did not mean to pray judgment against him The Company of Merchant Tailors gave a superb Dinner yesterday, at their magnificent Hall in the City. WAttwicx. AssizEs:—A case of robbery, attend ed with extr.me cruelty, was tried at these Assizes on Monday last. Wm. Beet, and Will. Smith, a gamekeeper, were indicted for stopping James Caw ton on the King's highway, and, robbing him of a note and cash. The Prosecutor was a servant of the lion. T. Bowles, of Caldecot Hall be had spent the evening at Nimeaton on the loth of June, end on his' return home, between eleen and twelve -O'clock, he wits stopped in a corn=field by the two ,Prisoners, armed with bludgeons, who beat him so • unmercifully that he nearly lost one of his ears, and was left for dead After lying, several hours on the spot where the robbery was committed, the Prose cutor contrived to crawl ; amongst the corn for more e asy repose, where be was at length discovered in a dreadful state. John Foy and Craig, of Marlbo rd:.,;h-sticet Police-Office, took the Prisoners into ars' WY, having been sent for from tOndon for that purPse, and found the greater part .of the 'stolen prc; poy in Smith's ap.artnients.—Verdia, Guilty— D c ath.—The Prisoners were left for execution. LUNPON : Printed by RICHARD HARK IS, of No. 4, Martl,tt-coart, ; an'tl rublishca by WI 1.1-I AM ARMIGt i SCRIPT'S, suuth oFveboc.sl...are At the SUN-01'110E, NO. StTaac: ; wDert; Adver;isernents, Orders (Or The Paper, Letters for the Editor, &c. (post-pia), west 1):: addressed. SIR WILLIAM CURTIS. -'`This. Gentleman, who hai been -distinguished for his loyalty and manly spirit Of patriotism, has, on the occasion of that Expedition to 'which we all look with eager expectation, shewn - that even his priVate enjoyments are connthed with the honour , and interests of his Country. It is well known that he is gone, in his beautiful yacht, with the EXpedi tion, and this circumstance • ha 4 occasioned many . waggish 'stories at both ends of the• town, as the worthy alderman is a conspicuous chara&er. The following anecdote, however, is probably well founded :-- Sir WILLIAM'S yacht is, the finest pleasure-vessel belonging to any British subject; and those who know his unaffe&edmanners, will believe that,• when ,he spends Owl . . a year upon it, he does this, not for the. sake of any, fashion, but for the sake of the ge nuine pleasure derived from it by himself and his friends. With his` zeal for the prosperity of his country, and hearty enjoyment of all that does it honour, it was natural enough that he should de- sire to see something of the progress of the. pre sent Expedition from the deck of this his fa vourite summer dwelling. He,:4ccordingly wrote a pressing request to Mr. Perceval, for, per mission to sail with the fleet. Mr. .Perceval an swered, that as a friend, he did not like to refuse . Sir William, but, as Chancellor of the Exchequer, he could.not Write upon the subjea to the Admiral- Ay, unless the worthy Alderman would consent - to put his vessel under their orders, Sir William rea . dily accepted this_ condition, and immediately began to perform his naval duties by storing his vessel with every kind of viands, substantial or lUxurions, and abundance of the finest wine S.. The Marquis of Huntley and several General Officers, readily enough accepted his hospitable offers - to entertain them on their passage. BRIGHTON, AUGUST t. The departures. from hence since the races lave been very numerous,' though the houses thereby ya cated were nearly' all re-taken as soon as empty., The Duchess Of Leeds Ivas here this morning in her .barouche; *with a ' pair of horses only. Her Grace's stay was but short; as she merely visited a shop-or two in North-street, and then lett us, taking the route for Stanmore. Lord C. Somerset has left us to be present at the Races at Biandford and Exeter; his Lordship re turns on ,the loth, on which day we have every .rea son to believe that his Royal Highness the Prince of Wales will be here,.as the Pavilion is now getting ready for.his reception. • The Duke and -Duchess of Marlborough, it is expeited,. will be here in • the course of the ensuing week. There was. no ball at the Castle on Monday evening, but only.few- car- ridges halted at. the rooms, in which the fashionables made no stay. The embargo on this port was taken off on Mon day ; the fishermen therefore have resumed their wonted avocations in the Channel, their efforts for some time past having been. principally confined to the harbour :of Shoreham. A serious accident happened to a stage coach of this place, belonging to the firm of Waldegrave and Co. and which, loaded with paSSengers, had just re turned from London, on Monday evening last. The coach in qtrestion had just set, down a passenger, Mr. Hoare the Banker, at his house, on , Pavilion _Parade, when the cqachman, the horses heads being to the South, in endteavouring to bring. them rbrind to the North, for the purpose of passing bp Churcb stieet, did it in so rapid, and, at tiresome time, as it is generally reported, in so careless'a manner, that he upset the carriage. There were three or four Ladies passengers inside, one of whom had her collar-bone brol", and the others received hurts of minor con sequence. An elderly Gentleman outside, who bad come down with the sable plume, from Mr. Thorn ton's, the Undertaker, to attend the removal of the mains of Mr. Balite, the West India Merchant, who died here a few days ago, from hence, had his thigh broken, and the stable-keeper of 'Waldegrave and, Co. who had just before taken hiS seat in the hinder dicky of the coach, received an injury still more de plorable. The coach, in fa&, fell upon the latter person, and so dreadfully bruised him about the body, the back in particular, that his life is at this time despaired of. Government have issued the usual triennial order for clothing the Yeomanry of Ireland, which it is expeeted will be complete by the 24th of October next. UNION-HALL.--A charge of assault has been brought forward by the friends of Mr. Dodd, jun. Engineer, against Mr. Bowton, a gentleman of great respectability, well kfiown on the Stock Exchange.. It was stated that some observations having been nukcle by Mr. B. on the subjea of the Vauxhall Bridge, of which Mr. Dodd is the intended archi tect, the latter applied to Mr. Bowton for an'expla nation, when high words arose between them, and the assault took place. Mr. Bowton tendered bail for his appearance ; but it was contended by Mr. Dodd's friends, that- he ought not to be admitted to bail, the life of Mr. Dodd being in danger nom the blows he had received. In support of this assertion two professional Gentlemen were examined, who stated that in consequence of a violent blow which Mr. Dodd had received on the temple, there were symptoms of compression on the brain, and there fore they considered him to be in a dangerous sate. The testimony of these Gentlemen was objected to on the part of Mr. Bowton, they not being regular surgeons. Mr. Chambers, for the satisfaction of the parties concermed, wished to have further evi dence on the subjea, and therefore desired that Mr., Dodd should be visited by two Gentlemen on whose judgment, he had the greatest reliance, namely, Dr. Walsharn and Mr.l-layton, and by their opinion he should be guided. These two Gentlemen were, therefore, requested to visit Mr. Dodd ; and on their appearance at the Office afterwaids, Dr. Walsh= stated that he perfealy_ agreed with the Gentlemen already examined, so far as related to the 'compres sion of the brain, big he did not apprehend any im-. mediate danger. I'vlr..Hayten was of the same opi nion. Mr. Bowton was therefore admitted to.bail. LAW' REPORT., COURT .OF CHAN CERY.—Auc..7. EX-PARTE-SIR WM. DOUGLAS AND OTHERS. The petitioners are bankers, and were in posses sion of bills accepted by a Mr7Eustace, who had been the 'partner of Mr. Atkinson, a bankrupt. The partnership was dissolved in Ototier last, and At kinson alone was to coiled the debts dUe to the part nership, and .to pay those due from it. A few days before the dissolution, Eustace, without the know ledge of Atkinson, accepted the bills in question, which came into:the hands of the Petitioners; %Vito represented themselves as bona ,fide holders. They claimed to prove under Atkinion's - commission, but the Assignees, thinking the transaaion rather suspi cious, refused to admit the proof without an order froth the Chandellor, allowing, however, that they had no particular reason to think that the PetitiOners were not bona fide holders. • The CHANCELLOR direeled the Assignees to exa thinv how the bills had come into -the petitioners' hands, and if they found no reason to doubt that they were-tonafide ,holders, to admit the proot EX-PARTR-PURDY: AND OTHERS. The petitioners held some bills of Exchange drawn by one Dagnall; and accepted by one who subse quently became hankrupt. The petitioners, at :the time of taking the bills, took securities from Dagnall for the amount of the bills. Dagnall paid them af ter the bankruptcy, but the petitioners claimed' li berty of proof in behalf:of Dagnall, to whom the bankrupt was indebted on a balance of account. 'EOn the part of the Assignees it was stated that there was no large balance due to Dagnall, but the latter having sworn to the contrary, the Chancellor ordered the proof to be admitted. • N. B. The LORD CllANttn-011, in the course of gore observations upon a Welch commission said to Mr. Richards—" You must be huge feeders. in Wales, for I find that, over and above two guineas a piece to each of ',three Commissioners, instead of one guinea apiece, 31.75. 6d. was paid for- their din ners- This was. a great deal, unless 31. mere for coach-hire had given them such a shake as to cause an extraordinary. appetite." . Mr. RIGHARDS. I :-Thp dinner, my Lord, was very cheap at 31.75: 6d, I have known &great deal wore charged for CorninissiOtiers' diffners in Wal'eS. LADY AUGUSTA DE AMELAND AND lIER TRUSTEES AGAINST H. R. 11. THE, DUKE OF SUSSEX. A Petition to the Lord Chancellor• .by Lady. Au gusta was heard in-Lincoln's Inn Hall last Saturday, on which it appeared, that his Majesty and his Royal Highness having made. a liberal annual provision for Lady Augusta and her children,' and it hying been by agreeMent referred to Mt. Adam to arbitrate and award what sum remained due from his Royal Highness to Lady Augusta, Mr. Adam had in the. month of April 1808, - awarded the sum of 16901. to he due and 10 be paid by his Royal Highness to Lady Augusta on balance of the accounts referred, and thereupon it appeared that Udy Augusta had, by consent on her part, dismissed her Bill in Chancery. That the award was made, and the. re mained due, were not denied, but.his Royal High ness objeaed to the prayer of the petition for pay. in cut OA* am sum Lect...atibe the Uhl was diSMISseCi and the Lord Chancellor on that ground was pleased to dismiss the petition. . - Lady Augusta mast therefore apply for relief to some other juriscli&ion. On another application to the Lord Chancellor by their Royal Highnesses the Dukes of Sussei and Cambridge, his Lordship has been pleased to order Lady Augusta's son, who is now near sixteen years of age, to. be removed from Farrow to Winchester' School. COURT OF COMMON PLEAS. HEATH V. BURGESS. The Defendant in this a6ion is the Captain of the Airly Castle East indiaman,' and the Plaintiff a Captain in the Company's land-service, and the aaion was_brOught fox two hundred and forty-three guineas, being the price,of a box, containing - neck laces„ bracelets, ear-rips,.' &c. which the Plaintiff lost on board the Defendant's ship, wherein he came . home a passenger. Colonel Lys, Captains Leycester and Clarke, gave evidence that the Plaintiff had the box when he came on board, and that he continued shewing the contents occasionally to the --other passengers till they arrived in the Channel, when they were sealed, and put into the bread-room, until they should be examined by the Custc.•. - n-house Officers. They were entered in the Defendant's manifest at Saint Helena, but never put under his care. It was necessary. to enter thenn,. bectnise no article could be landed without' it, except the Captain paid a fine of 1001. - Colonel Lys stated, that the articled were not of much,value, as he had brought home .4ome of a superior quality, which he purchdsed cheaper at Bombay than the Plaintiff did. FroM several letters which the Defendant had written to the Plaintiff, it appeared that the Mafe, without the Captain's knowledge, permitted some of the men to con ceal themselves in the bread-rdorn to avoid being im pressed, and that they broke the box and stole the articles. . Some jewellers were called to proVe their value in "England ; but the Judge would not allow them, as * the Plaintiff could only recover their prime cost, and because they never saw them, nor heard them ac curately described. Qn -the part of the Defendant it was contended, that as they were not put under his care, nor that of the Purser, which was the usual pra6tice, he amid not'be answerable for their safety or value. Sir JAMES MANSFIELD stated, that as - the value of • the articles had not been proved, nor that they were under the Defendant's care; and that as there was.no • evidence to shew that the Plaintiff _himself had pot carried the whole or any part away, the Jviry• must, according' to 101,v, find for the Defendant. If he w:is wrong in his opinion, the Plaintiff might aga have the cause tried, 'and come prepared with better • proof. • , The Jury retired, and deiiberated about an hour, when they returned into Court, and found a verdia, for the Plain:ff.—Damages-601: SHIP NEMS. GRAVESEND, ALJC;I7ST 2. Arrived—the Comet, M'Donald. Carlebury, Dower, lerby, Clark, Eliza, M'Donald, Gcorge, ar4t Loy, don, - from Jamaica ; Rolla, Sandford, {Win and Ed ward-. Burge!), and Calpe, Moore, from America ; Pa - trick, from Cadiz ; and the Unity, _Spinod, fr o m 1.i;b 011- Sailed—the Pitt,, Foster,• for Madeira; - Sobthesk, Giob 6 ! for Bermuda ; Lord Duncan, LothrinAton, for Gibraltar; lane, Sinnott, for Malta ; and the Woodbine, Mearnsi for Oporto. AMERICA. 'WASHINGTON CITY, JUNE i s.—Copy of a leiter . from Mr. Lynam, AMerican Consul in L0nd0n,..16 thelTrur. Stephen IL Bradley, Esq. a Senator, in Congress, dated May 3, 1809 " I take' this opportunity by the Pacific, one of our packets, to address a tew lines to you at Wash ington I where, on the arrival of that vessel in the United States, I presume you will be, .and l7arns, both from public and rnore private rneanS• of intor-; Mation, the important change which has lately talieri place in the, policy of t4i . s. Government, by the revo.7., cation of the Orders of Council. Tfiis event; al* tough othei Orders are . subst ''therefor, of nature so highly objealonahle, is, nevertheless, considered bs, all our friendOrere i as vastly importt ant : first and principally, as it furnishes an exOnl-. pie, and establishes the - facl, that the United States can make the interests of this country feel, • and that very sensibly ; and secondly,. as we have rm pation in the revocation of the old, and the substi tut ion of the new Orders, we are thereby pledgei to nothing, and at full liberty to take advantage of occurrences as they arise and pass on.. Ynu will say, then, what has done all this I My reply is, the Steady policy of our GOvernment, and the support' of thepe)ple,`as evinced in .the late presidential other elections. i.-1" do not consider the repeal of th 6 Embargo, and substitution of the Nora-laerenorsu law, as a change of policy, but only of meastlres ; and it was so regardod here. Indeed, it i4gencrijly allowed, that 'the - NOn-Intercotirie . Would tie rnorF~- severely felt than the Embargo; notwithstaildit47 . : 9 you may be assured, .that the latter, if continued, would have answered the most sanguine expet.l4 . tions. " This country is wholly commercial, and by any obstruCtiops to trade. Mr. Spence lately; :r published a book, entitled " prem. Britain lode pendent' of COMMette — ,"andtord Sheffield has always been endeavOuring to prove her independ-• ence of our COIIIO3ffOe b-t.it.:, , facis prove that 13ei". ther understand the questiou. Mr. Burke uuder-' , - ; .slood it better, who said, " that . our dorntnerte was the food which nourished this political body." The United States, instead,of being the, dupes (Whicii sometiMes I fear we have been) of the policy acre, , artifitfes of France and England, may make them' subservient to our interest, aided' by a little sea-. sonable-coercion. Z iappe yott will pardon these fe,vr hasty suggestions, which illy present situation ren.'• dered so obvious. It is sOttielimis useful to know only the' impressions which .are made by the.sanitt objeets in. different situations." ; • Monday a secions accident occurred to two Gay," tlemen, one of whorti was in treaty with a"horse" dealer, near Hide Park :t for the purchaseof a spirited horse to run in his curricle. The 'borse . w 'a, put to in a gig fora ttial in the" Park, and just as they en•, ; tered the gate at Hyde Park Corner, the dinnial took fright, apd ran furiously towards .the gate opposite Stanhape-street. The Gentleman • who held the reins, finding it impossible to govern hi,, jumped from his seat, and unfortunately fell upon his head 5 he received a 'dreadful contusion, atid was tidier! 00 in an almost lifeless state, and, conveyed to St. George's Hospital ; the other Gentleman kept his spat until the 'horse run-the . g ig .ag4:;-n3* the wags_ nearly opposite the boson; and dashed it to plece 4 by the sudden shock of which the Gentleman vi i ‘ g pitched off at some distance; he was severely Lois' ed, but had none.of his limbs broken. in the Last two years, three of 20,000, two of, 10,000, three of 5000, one of 4000,, one of 2,00 0 : three of i,069; six of 5001. 8t c. have ben among the friends of HORNSBY .and Co. who s - ' ) . kindly honoured them with their commands; b sides one Million sterling in former Lotterles•.: HORNSBY and Co. solicit the faVours of the Pubitt% in . the preseht Lottery, which begins Drawing Oil, the 20113 of O&ober, and finishes-:on the same daY; Only 5000 numbers, which may be had at tlie 0 1 ° 1 established State Lottery Offices, 26, Cornhill, St. Margaret's Hill, Borough. , , BIRTHS. - On the 3lst ult. at Cheltenhazil, the Lady of HOnry fly°lir* Esq. of a Son. • , On Monday last, at Southgate, the Lady of John Walker. Esq. of a Son. AIARRIED. • Yesterday, at St. Martin's in the Fields, George Barnard: Esq. of the Stable_yard, St; lames's, to 11,1alia, secoou; daughter the late key Peter Aluitilwaite, Ite4tor Iht , Parishes of 'N uncham, North_ Stoke, and Ipsden, 00 01. " - shire. The same day, at St.James's Church, Mr. Scott, ° l _ G uildhall, to Miss Saunders, of Piccadilly. DIED. On Friday last, at his house at Bath, Satrlet , ..rth. . feld, Esq. aged 59. • On Monday last, Mary, eldest daughter of EdinCind ker, Esq. of •Chancery.lane. • • The same day, in Edward -street, Penman- sqUare, 11):0! ° 79th year of her age, Mrs. Eli - tater!) lirooksbauk. On Tuesday last, after a' torig -and - very painful illness, Mrs. Whiteaves, yvite of Mr. Rkhard Whiteavesi.of street. - . The. same day, at his house at Chertsey, John Dixon' Esq. aged 64 years. Un Wednesday evening, Mrs—George Talbot,. of t'll street, Berkeley-square. Lately, Mrs. Rolfe, ivife of W. D. Rolfe, Surgeon, 0 S YEST RDA Y. 13ank Stock, 26f Navy s per Cent 991,- 97 Irish 5 per Cenr.. 4 per Cent: per Cent Red. GSI :3 per Cr. Cons. 0 f 68;- el flank L. Ann. 13.161.11 s 111C11 VIATFR AT I.ON Itt India Stock, InAia1:611(1S, 225. pr. Exch. {tills, 13s. 7. 13 5 ! 7- Omniunt, i pr. Iraperial 3 per Cent. . Ditto Ar u n. Cans. for Aug. 68 Morning, 59 min. after 8. BRIDGE, TO -1011- 11. V I Afternoon, is inin. afar 9'